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-AIA Document A31 OTm - 2010 <br />CONTRACTOR: SURETY: <br />(Name, legal status and address) (Name, legal status and principal place <br />Indiana Earth, Inc. of business) <br />y North American Specialty Insurance Compan)this document has Important legal <br />Osceola, <br />la, IN 46 Highway650 Elm Street <br />Osceola, IN 46561 Manchester, NH 03101 consequences. Consultation with <br />OWNER: an attorney is encoumged with <br />(Name, legal status and address) respect to its completion or <br />Ci of South B d modifcadon. <br />ty an <br />227 West Jefferson Boulevard Any singular reference to <br />South Bend, IN 46601 Contractor, Surety, Owner or <br />BOND AMOUNT: ***FIVE PERCENT OF AMOUNT BID*** other party shall be considered <br />plural where applicable. <br />PROJECT: <br />(Name, location or address, and Project number, if any) <br />Berlin Place Site Development <br />The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the <br />Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and <br />severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bidof the Contractor <br />within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and <br />Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such <br />bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted <br />in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithfitl performance of such Contract <br />and for the prompt payment of labor and material furnished in the prosecution thereof,• or (2) pays to the Owner the <br />difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount <br />for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this <br />obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of <br />an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of <br />notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for <br />acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for <br />an extension beyond sixty (60) days. <br />If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall <br />be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. <br />When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the project, <br />any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and <br />provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so <br />famished, geStent is that this Bonorshpll be construed as a statutory bond and not as a common law bond. <br />Signed d sealed this 17t { day of November 2016 <br />Indiana Earth, I <br />/1 5 15 <br />(Principal) / <br />Todd Sebago. Attornev.in•Fact <br />[nit AIA Documant A310- —2010. Copyright 01963, 1970 and 2010 by The American institute of Architects. All rights reserved. WARNING: This AlA* <br />Document Is protected by U.S. Copyright I.aw and International Treaties. Unauthorized reproduction or distribution of this AIA* Document or <br />any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. <br />/ Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Conrad Documents, e-mail <br />TheAmedcen Institute of Architects' legal counsel, copyright@aia.org. omno <br />The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the <br />Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and <br />severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bidof the Contractor <br />within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and <br />Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such <br />bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted <br />in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithfitl performance of such Contract <br />and for the prompt payment of labor and material furnished in the prosecution thereof,• or (2) pays to the Owner the <br />difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount <br />for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this <br />obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of <br />an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of <br />notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for <br />acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for <br />an extension beyond sixty (60) days. <br />If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall <br />be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. <br />When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the project, <br />any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and <br />provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so <br />famished, geStent is that this Bonorshpll be construed as a statutory bond and not as a common law bond. <br />Signed d sealed this 17t { day of November 2016 <br />Indiana Earth, I <br />/1 5 15 <br />(Principal) / <br />Todd Sebago. Attornev.in•Fact <br />[nit AIA Documant A310- —2010. Copyright 01963, 1970 and 2010 by The American institute of Architects. All rights reserved. WARNING: This AlA* <br />Document Is protected by U.S. Copyright I.aw and International Treaties. Unauthorized reproduction or distribution of this AIA* Document or <br />any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. <br />/ Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Conrad Documents, e-mail <br />TheAmedcen Institute of Architects' legal counsel, copyright@aia.org. omno <br />